MITCHELL v. TRAWLER RACER, INC.

Civ. A. No. 57-752.

167 F.Supp. 434 (1958)

Frank C. MITCHELL v. TRAWLER RACER, INC.

United States District Court D. Massachusetts.

October 31, 1958.


Attorney(s) appearing for the Case

Morris D. Katz, Boston, Mass., for plaintiff.

James A. Whipple, Boston, Mass., for defendant.


WYZANSKI, District Judge.

In this case I made a statement in my charge to the jury which I believe ought to be supported by a brief memorandum.

In effect I said that the plaintiff could not recover unless the slime had been on the rail long enough for the shipowner to be chargeable with knowledge of it. No one would doubt that this was a correct charge with respect to the negligence count, but it might be argued that the charge was inappropriate with respect...

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